Originally from Alternatives to the High Cost of Litigation

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Congress put arbitration fairness on its action agenda late in the summer and, after decades of proposals that attracted little leadership attention, finally moved a measure that restricts the use of consumer arbitration.

The House of Representatives passed the Forced Arbitration Injustice Repeal (FAIR) Act on Sept. 20 by a 225-186 vote, with nearly all Democrats backing the measure, and all but two Republicans opposing. (See http://bit.ly/2MeIiqI for the text and current status.)

If the bill passes the Senate and is signed by President Trump—two unlikely but not impossible prospects—it would ban pre-dispute arbitration agreements for employment, consumer, antitrust, and civil rights disputes.